The complaint, to be filed today in Trenton, alleges that police shot Victor Rodriguez, then 19, when he was lying motionless, face down in the street.

Rodriguez was wounded in the back and his family feared he would be permanently paralyzed. His family could not be reached for updates on his condition.

The complaint alleges that city and other officials failed to adequately train officers, according to the attorneys. They also say that the New Brunswick Police Department is befallen by "an ongoing pattern and practice of civil rights’ violations."

Police, though, have said the Jan. 31 shooting happened when patrolling officers saw a man firing a handgun at Seaman Street and Remsen Avenue and responded with "appropriate force."

A spokeswoman for the Rodriguez family, Maritza Rodriguez, said in February that Rodriguez had fired two blanks to break up a fight that was brewing just as police came on the scene. Maritza Rodriguez said witnesses to shooting told the family that he was shot five times, once while on the ground.

The Middlesex County Prosecutor's Office, which investigated the shooting, said the gun used by Rodriguez was a replica of a Beretta 9 mm semi-automatic handgun and fired blank rounds.

A nearly 4-minute video taken from a security camera at the corner of Seaman and Remsen shows a man, apparently Rodriguez, running into the frame about 24 seconds in and being shot once by officers exiting what appears to be an unmarked police car. It is not clear from the video when he is allegedly shot while on the ground.

Rodriguez was shot two blocks from where Barry Deloatch, 46, was shot and killed by police on Sept. 22. Authorities said that shooting occurred after Deloatch ran down an alley, picked up a 2-foot-long board and was about to strike an officer when he was shot by a second officer.

The two police officers alleged that Deloatch refused to put up his hands, turned and ran, and then beat one of the officers with a stick after he was chased down and tackled. The other officer shot the suspect once during the struggle. A grand jury cleared both officers of wrongdoing, but there have been calls for a federal investigation into the shooting